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MUKTA GUPTA, POONAM A. BAMBA
Siddhartha @ Raja – Appellant
Versus
State – Respondent
JUDGMENT
Poonam A. Bamba, J. Vide this appeal, the appellant is assailing the judgment dated 09.01.2019 (`impugned judgment' in short) passed by Ld. ASJ, Special Fast Track Court, North-West District, Rohini Courts, Delhi, whereby the appellant was convicted for the offence punishable under Section 302/34 and 376-D Indian Penal Code, 1860 (`IPC' in short), in Sessions Case No. 52825/2016, in FIR no. 1021/2015, Police Station Aman Vihar; and order on sentence dated 10.01.2019, whereby the appellant was sentenced to undergo life imprisonment under Section 302/34 IPC with fine of Rs.5,000/-, in default to undergo simple imprisonment for one year; he was further sentenced to undergo rigorous imprisonment for a period of 20 years under Section 376-D IPC with fine of Rs.5,000/-, in default to undergo simple imprisonment for one year. Both the sentences were to run concurrently.
2. Briefly stating, case of the prosecution is, that on 21.08.2015, at about 8.03 am, one call regarding murder of one girl near House no. B-329, Bhagya Vihar, near Kali Mata Mandir, Delhi was received by PW-20 HC Seema Dhaka and the same was got recorded as DD no. 12B Ex. PW20/A by her through Ct. Pawan. The said
Court unable to accept prosecution case that it is beyond all reasonable doubt that accused had committed offence of causing death of deceased in manner presented by the prosecution. Consequent there....
Circumstantial evidence, including recovery of crucial items, must be coherent and consistently point to guilt to meet the burden of proof required for conviction in murder cases.
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